Ruto wants CDF reinstated, Senate oversight Fund created

Written by on 30 September 2022

President William Ruto is now advocating for the return of the National Government Constituency Development Fund (NG-CDF), famously known as CDF.

Addressing a joint sitting of the Senate and the National Assembly, Ruto urged the lawmakers to look for a way to align the fund with the Constitution.

“I know the contribution that the CDF has had in making lives better for our citizens. I believe there is a way that CDF can be added to the tenets of the constitution. In this regard, I also hasten to add that both houses should also be adequately resourced for oversight duties,” President Ruto said.

As an equalizer to the Senate, Ruto has proposed the introduction of the Senate Oversight Fund, which ill help senators perform their oversight duties better.

“With regard to the Senate and its constitutional mandate, I believe the two Houses should work together to set up the Senate Oversight Fund. This will be used to provide oversight over millions allocated to counties,” he added.

Supreme Court ruling on CDF

The CDF fund was declared illegal and unconstitutional in August by the Supreme Court.

In a judgment delivered by a five-judge bench led by Chief Justice Martha Koome, it was found that the law setting up the fund was faulty, and allowing Members of Parliament (MP) to manage funds offends division of revenue and public finance law.

“The CDF Act 2013 as amended by the CDF (Amendment) Act, 2013 is unconstitutional on account of procedural lapses in the law-making process,” the judges said.

While overturning the Court of Appeal decision that held the CDF to be legal, the Supreme Court said it was unconstitutional for the national government to extend its mandate to counties.

The court held that the CDF Act 2013 offends the division of functions between the national and county governments.

“The CDF Act 2013 offends constitutional principles on the division of revenue, public finance, and separation of powers,” the five-judge bench ruled.

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